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"Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent." Supreme Court Justice Louis D. Brandeis

In one of the boldest, most audacious moves ever made by a President of the United States, President Barack Obama is on the brink of successfully rendering moot the very first clause of the First Amendment to the Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (emphasis added). If he forces the Catholic Church to comply with the Health and Human Services ruling to provide its employees with insurance that covers activities the Church has long held sinful -- abortion via the morning after pill, sterilization and contraceptives -- then the precedent is clear: when religious beliefs conflict with government decrees, religion must yield.

The story line that President Obama miscalculated in picking this fight with the Catholic Church vastly underestimates the man’s political skill and ambition. His initial approval of the ruling requiring the Church pay for abortion drugs and sterilization was but the first step in a calculated strategy to further his goal of transforming America.

President Obama chose to pick this fight with the Catholic Church by choosing to release the regulations first, and then, as he explained in last Friday’s statement to the press, spend “the next year (before the new regulations take effect) to find an equitable solution that would protect religious liberty and insure that every woman has access to the care that she needs.” The alternative would have been to find the “equitable solution” before announcing the regulations. In other words, this entire political fire storm is a set-up by the Administration.

The original HHS ruling put the Catholic Church into the position of choosing one of these two options:

Option A: The Church complies with the law and violates its own teachings and principles of faith. Such a choice would strip the Church of its legitimacy and make it a de facto vassal of the state. In this case, the ability of the Church to challenge the government’s political power is vastly reduced, if not completely destroyed. Faith, charity and civil society are marginalized. Government wins.

Option B: The Church as a matter of conscience refuses to obey the law, and stops offering health insurance to its employees. In this case, the Church gets crushed by hundreds of millions of dollars in fines. As a consequence, its ability to fulfill its religious mission by funding hospitals, schools and charities is sharply reduced if not destroyed. As the Church is forced to withdraw from its active role in civil society, those who believe in government will rush to fill the void. Faith, charity and civil society are marginalized. Government wins.

The risk to President Obama was the Church would create “Option C” and engage in a broad political battle to force the full repeal of the ruling or, if that fails, the defeat of President Obama in the November election followed by the repeal of ObamaCare. Under Option C, government’s power is reduced. Faith, charity and civil society win.

President Obama’s political skill is demonstrated by his anticipation and preparation for just this outcome. First, he has used the issue to energize his political base by positioning his Administration as the defender of “women’s health” and attacking his opponents for taking him up on his implicit dare to make it an issue in the Presidential campaign.

Second, last Friday’s decision to “retreat,” as proclaimed by the weekend Wall Street Journal’s page 1 headline and find a way to “accommodate” religious freedom, was pure subterfuge. The notion of retreat or compromise is pure spin. The President’s operative statement reflected zero tolerance for those that would disagree with his policies.

He announced: (the imperial) “we’ve reached a decision on how to move forward. Under the rule, women will still have access to free preventive care that includes contraceptive services -– no matter where they work. So that core principle remains (emphasis added). But if a woman’s employer is a charity or a hospital that has a religious objection to providing contraceptive services as part of their health plan, the insurance company -– not the hospital, not the charity -– will be required to reach out and offer the woman contraceptive care free of charge, without co-pays and without hassles.

Got that? The insurance company will be required to offer the service, but will be forbidden from explicitly billing the Catholic organization for providing this benefit. Such a construct is a fraud. Of course the employer will have to pay for these benefits. And, even if they didn’t, the Church is still being forced to support what it believes are sinful acts. This “equitable solution” is simply an attempt to soften the blow of forcing the Catholic Church to accommodate the dictates of the now supreme federal government. It’s a face saving version of Option A.